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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 10:10:1.0.1.1.21.0.91.1 | 10 | Energy | I | 31 | PART 31—GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL | § 31.1 Purpose and scope. | NRC | [65 FR 79187, Dec. 18, 2000] | This part establishes general licenses for the possession and use of byproduct material and a general license for ownership of byproduct material. Specific provisions of 10 CFR Part 30 are applicable to general licenses established by this part. These provisions are specified in § 31.2 or in the particular general license. | ||||||
| 10:10:1.0.1.1.21.0.91.10 | 10 | Energy | I | 31 | PART 31—GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL | § 31.10 General license for strontium 90 in ice detection devices. | NRC | [30 FR 9905, Aug. 10, 1965, as amended at 38 FR 22220, Aug. 17, 1973; 40 FR 8785, Mar. 3, 1975; 42 FR 28896, June 6, 1977; 43 FR 6922, Feb. 17, 1978; 56 FR 23471, May 21, 1991; 56 FR 61352, Dec. 3, 1991; 58 FR 67659, Dec. 22, 1993] | (a) A general license is hereby issued to own, receive, acquire, possess, use, and transfer strontium 90 contained in ice detection devices, provided each device contains not more than fifty microcuries of strontium 90 and each device has been manufactured or initially transferred in accordance with the specifications contained in a license issued pursuant to § 32.61 of this chapter or in accordance with the specifications contained in a specific license issued to the manufacturer by an Agreement State which authorizes manufacture of the ice detection devices for distribution to persons generally licensed by the Agreement State. (b) Persons who own, receive, acquire, possess, use, or transfer strontium 90 contained in ice detection devices pursuant to the general license in paragraph (a) of this section: (1) Shall, upon occurrence of visually observable damage, such as a bend or crack or discoloration from overheating, to the device, discontinue use of the device until it has been inspected, tested for leakage and repaired by a person holding a specific license pursuant to part 30 or 32 of this chapter or from an Agreement State to manufacture or service such devices; or shall dispose of the device pursuant to the provisions of § 20.2001. (2) Shall assure that all labels affixed to the device at the time of receipt, and which bear a statement which prohibits removal of the labels, are maintained thereon; (3) Are exempt from the requirements of parts 19, 20, and 21, of this chapter except that such persons shall comply with the provisions of §§ 20.2001, 20.2201, and 20.2202 of this chapter. (c) The general license does not authorize the manufacture, assembly, disassembly, repair, or import of strontium 90 in ice detection devices. | ||||||
| 10:10:1.0.1.1.21.0.91.11 | 10 | Energy | I | 31 | PART 31—GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL | § 31.11 General license for use of byproduct material for certain in vitro clinical or laboratory testing. | NRC | [33 FR 16553, Nov. 14, 1968] | (a) A general license is hereby issued to any physician, veterinarian in the practice of veterinary medicine, clinical laboratory or hospital to receive, acquire, possess, transfer, or use, for any of the following stated tests, in accordance with the provisions of paragraphs (b), (c), (d), (e), and (f) of this section, the following byproduct materials in prepackaged units: (1) Iodine-125, in units not exceeding 10 microcuries each for use in in vitro clinical or laboratory tests not involving internal or external administration of byproduct material, or the radiation therefrom, to human beings or animals. (2) Iodine-131, in units not exceeding 10 microcuries each for use in in vitro clinical or laboratory tests not involving internal or external administration of byproduct material, or the radiation therefrom, to human beings or animals. (3) Carbon-14, in units not exceeding 10 microcuries each for use in in vitro clinical or laboratory tests not involving internal or external administration of byproduct material, or the radiation therefrom, to human beings or animals. (4) Hydrogen-3 (tritium), in units not exceeding 50 microcuries each for use in in vitro clinical or laboratory tests not involving internal or external administration of byproduct material, or the radiation therefrom, to human beings or animals. (5) Iron-59, in units not exceeding 20 microcuries each for use in in vitro clinical or laboratory tests not involving internal or external administration of byproduct material, or the radiation therefrom, to human beings, or animals. (6) Selenium-75, in units not exceeding 10 microcuries each for use in in vitro clinical or laboratory tests not involving internal or external administration of byproduct material, or the radiation therefrom, to human beings or animals. (7) Mock Iodine-125 reference or calibration sources, in units not exceeding 0.05 microcurie of iodine-129 and 0.005 microcurie of americium-241 each for use in in vitro clinical or laboratory tests not involving internal or external… | ||||||
| 10:10:1.0.1.1.21.0.91.12 | 10 | Energy | I | 31 | PART 31—GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL | § 31.12 General license for certain items and self-luminous products containing radium-226. | NRC | [72 FR 55927, Oct. 1, 2007] | (a) A general license is hereby issued to any person to acquire, receive, possess, use, or transfer, in accordance with the provisions of paragraphs (b), (c), and (d) of this section, radium-226 contained in the following products manufactured prior to November 30, 2007. (1) Antiquities originally intended for use by the general public. For the purposes of this paragraph, antiquities mean products originally intended for use by the general public and distributed in the late 19th and early 20th centuries, such as radium emanator jars, revigators, radium water jars, radon generators, refrigerator cards, radium bath salts, and healing pads. (2) Intact timepieces containing greater than 0.037 megabecquerel (1 microcurie), nonintact timepieces, and timepiece hands and dials no longer installed in timepieces. (3) Luminous items installed in air, marine, or land vehicles. (4) All other luminous products, provided that no more than 100 items are used or stored at the same location at any one time. (5) Small radium sources containing no more than 0.037 megabecquerel (1 microcurie) of radium-226. For the purposes of this paragraph, “small radium sources” means discrete survey instrument check sources, sources contained in radiation measuring instruments, sources used in educational demonstrations (such as cloud chambers and spinthariscopes), electron tubes, lightning rods, ionization sources, static eliminators, or as designated by the NRC. (b) Persons who acquire, receive, possess, use, or transfer byproduct material under the general license issued in paragraph (a) of this section are exempt from the provisions of 10 CFR parts 19, 20, and 21, and § 30.50 and 30.51 of this chapter, to the extent that the receipt, possession, use, or transfer of byproduct material is within the terms of the general license; provided, however, that this exemption shall not be deemed to apply to any such person specifically licensed under this chapter. (c) Any person who acquires, receives, possesses, uses, or transfers byproduct mate… | ||||||
| 10:10:1.0.1.1.21.0.91.13 | 10 | Energy | I | 31 | PART 31—GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL | §§ 31.13-31.20 [Reserved] | NRC | ||||||||
| 10:10:1.0.1.1.21.0.91.14 | 10 | Energy | I | 31 | PART 31—GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL | § 31.21 Maintenance of records. | NRC | [53 FR 19246, May 27, 1988. Redesignated at 72 FR 55927, Oct. 1, 2007, as amended at 90 FR 55628, Dec. 3, 2025] | Each record required by this part must be legible throughout the retention period specified by each Commission regulation. The record may be the original or a reproduced copy or a microform provided that the copy or microform is authenticated by authorized personnel and that the microform is capable of producing a clear copy throughout the required retention period. The record may also be stored in electronic media with the capability for producing legible, accurate, and complete records during the required retention period. Records such as letters, drawings, specifications, must include all pertinent information such as letters, stamps, initials, and signatures. The licensee shall maintain adequate safeguards against tampering with and loss of records. This section shall cease to have effect on January 8, 2027, unless the NRC determines that the cessation deadline should be extended to a date not more than 5 years in the future after offering the public an opportunity to provide input on the costs and benefits of this section and considering that input. The NRC will publish a document in the Federal Register announcing its determination and revising or removing this section accordingly. | ||||||
| 10:10:1.0.1.1.21.0.91.15 | 10 | Energy | I | 31 | PART 31—GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL | § 31.22 Violations. | NRC | [57 FR 55072, Nov. 24, 1992. Redesignated at 72 FR 55927, Oct. 1, 2007] | (a) The Commission may obtain an injunction or other court order to prevent a violation of the provisions of— (1) The Atomic Energy Act of 1954, as amended; (2) Title II of the Energy Reorganization Act of 1974, as amended; or (3) A regulation or order issued pursuant to those Acts. (b) The Commission may obtain a court order for the payment of a civil penalty imposed under section 234 of the Atomic Energy Act: (1) For violations of— (i) Sections 53, 57, 62, 63, 81, 82, 101, 103, 104, 107, or 109 of the Atomic Energy Act of 1954, as amended; (ii) Section 206 of the Energy Reorganization Act; (iii) Any rule, regulation, or order issued pursuant to the sections specified in paragraph (b)(1)(i) of this section; (iv) Any term, condition, or limitation of any license issued under the sections specified in paragraph (b)(1)(i) of this section. (2) For any violation for which a license may be revoked under section 186 of the Atomic Energy Act of 1954, as amended. | ||||||
| 10:10:1.0.1.1.21.0.91.16 | 10 | Energy | I | 31 | PART 31—GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL | § 31.23 Criminal penalties. | NRC | [57 FR 55073, Nov. 24, 1992. Redesignated at 72 FR 55927, Oct. 1, 2007, and amended at 77 FR 43690, July 25, 2012] | (a) Section 223 of the Atomic Energy Act of 1954, as amended, provides for criminal sanctions for willful violation of, attempted violation of, or conspiracy to violate, any regulation issued under sections 161b, 161i, or 161o of the Act. For purposes of section 223, all the regulations in part 31 are issued under one or more of sections 161b, 161i, or 161o, except for the sections listed in paragraph (b) of this section. (b) The regulations in part 31 that are not issued under sections 161b, 161i, or 161o for the purposes of section 223 are as follows: §§ 31.1, 31.2, 31.4, 31.9, 31.22, and 31.23. | ||||||
| 10:10:1.0.1.1.21.0.91.2 | 10 | Energy | I | 31 | PART 31—GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL | § 31.2 Terms and conditions. | NRC | [65 FR 79187, Dec. 18, 2000] | The general licenses provided in this part are subject to the general provisions of Part 30 of this chapter (§§ 30.1 through 30.10), the provisions of §§ 30.14(d), 30.34(a) to (e), 30.41, 30.50 to 30.53, 30.61 to 30.63, and Parts 19, 20, and 21, of this chapter 1 unless indicated otherwise in the specific provision of the general license. 1 Attention is directed particularly to the provisions of Part 20 of this chapter concerning labeling of containers. | ||||||
| 10:10:1.0.1.1.21.0.91.3 | 10 | Energy | I | 31 | PART 31—GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL | § 31.3 [Reserved] | NRC | ||||||||
| 10:10:1.0.1.1.21.0.91.4 | 10 | Energy | I | 31 | PART 31—GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL | § 31.4 Information collection requirements: OMB approval. | NRC | [62 FR 52186, Oct. 6, 1997, as amended at 67 FR 67099, Nov. 4, 2002; 72 FR 55926, Oct. 1, 2007] | (a) The Nuclear Regulatory Commission has submitted the information collection requirements contained in this part to the Office of Management and Budget (OMB) for approval as required by the Paperwork Reduction Act (44 U.S.C. 3501 et seq. ). The NRC may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. OMB has approved the information collection requirements contained in this part under control number 3150-0016. (b) The approved information collection requirements contained in this part appear in §§ 31.5, 31.8, 31.11, and 31.12. (c) This part contains information collection requirements in addition to those approved under the control number specified in paragraph (a) of this section. These information collection requirements and the control numbers under which they are approved are as follows: (1) In § 31.11. NRC Form 483 is approved under control number 3150-0038. (2) [Reserved] | ||||||
| 10:10:1.0.1.1.21.0.91.5 | 10 | Energy | I | 31 | PART 31—GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL | § 31.5 Certain detecting, measuring, gauging, or controlling devices and certain devices for producing light or an ionized atmosphere. | NRC | [39 FR 43532, Dec. 16, 1974, as amended at 40 FR 8785, Mar. 3, 1975; 40 FR 14085, Mar. 28, 1975; 42 FR 25721, May 19, 1977; 42 FR 28896, June 6, 1977; 43 FR 6922, Feb. 17, 1978; 53 FR 19246, May 27, 1988; 56 FR 23471, May 21, 1991; 56 FR 61352, Dec. 3, 1991; 58 FR 67659, Dec. 22, 1993; 64 FR 42275, Aug. 4, 1999; 65 FR 79188, Dec. 18, 2000; 68 FR 58804, Oct. 10, 2003; 72 FR 55926, Oct. 1, 2007; 72 FR 58486, Oct. 16, 2007; 73 FR 5718, Jan. 31, 2008; 73 FR 42673, July 23, 2008] | 2 Persons possessing byproduct material in devices under a general license in § 31.5 before January 15, 1975, may continue to possess, use, or transfer that material in accordance with the labeling requirements of § 31.5 in effect on January 14, 1975. (a) A general license is hereby issued to commercial and industrial firms and research, educational and medical institutions, individuals in the conduct of their business, and Federal, State or local government agencies to acquire, receive, possess, use or transfer, in accordance with the provisions of paragraphs (b), (c) and (d) of this section, byproduct material contained in devices designed and manufactured for the purpose of detecting, measuring, gauging or controlling thickness, density, level, interface location, radiation, leakage, or qualitative or quantitative chemical composition, or for producing light or an ionized atmosphere. (b)(1) The general license in paragraph (a) of this section applies only to byproduct material contained in devices which have been manufactured or initially transferred and labeled in accordance with the specifications contained in— (i) A specific license issued under § 32.51 of this chapter; or (ii) An equivalent specific license issued by an Agreement State; or (iii) An equivalent specific license issued by a State with provisions comparable to § 32.51 of this chapter. (2) The devices must have been received from one of the specific licensees described in paragraph (b)(1) of this section or through a transfer made under paragraph (c)(9) of this section. (c) Any person who acquires, receives, possesses, uses or transfers byproduct material in a device pursuant to the general license in paragraph (a) of this section: (1) Shall assure that all labels affixed to the device at the time of receipt and bearing a statement that removal of the label is prohibited are maintained thereon and shall comply with all instructions and precautions provided by such labels; (2) Shall assure that the device is tested for leakage of radio… | ||||||
| 10:10:1.0.1.1.21.0.91.6 | 10 | Energy | I | 31 | PART 31—GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL | § 31.6 General license to install devices generally licensed in § 31.5. | NRC | [30 FR 8189, June 26, 1965, as amended at 30 FR 10947, Aug. 24, 1965; 39 FR 43533, Dec. 16, 1974; 46 FR 44151, Sept. 3, 1981] | Any person who holds a specific license issued by an Agreement State authorizing the holder to manufacture, install, or service a device described in § 31.5 within such Agreement State is hereby granted a general license to install and service such device in any non-Agreement State and a general license to install and service such device in offshore waters, as defined in § 150.3(f) of this chapter: Provided, That: (a) [Reserved] (b) The device has been manufactured, labeled, installed, and serviced in accordance with applicable provisions of the specific license issued to such person by the Agreement State. (c) Such person assures that any labels required to be affixed to the device under regulations of the Agreement State which licensed manufacture of the device bear a statement that removal of the label is prohibited. | ||||||
| 10:10:1.0.1.1.21.0.91.7 | 10 | Energy | I | 31 | PART 31—GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL | § 31.7 Luminous safety devices for use in aircraft. | NRC | [30 FR 8189, June 26, 1965, as amended at 33 FR 6463, Apr. 27, 1968; 38 FR 22220, Aug. 17, 1973; 42 FR 28896, June 6, 1977; 43 FR 6922, Feb. 17, 1978; 56 FR 23471, May 21, 1991; 56 FR 61352, Dec. 3, 1991; 58 FR 67659, Dec. 22, 1993] | (a) A general license is hereby issued to own, receive, acquire, possess, and use tritium or promethium-147 contained in luminous safety devices for use in aircraft, provided each device contains not more than 10 curies of tritium or 300 millicuries of promethium-147 and that each device has been manufactured, assembled or initially transferred in accordance with a license issued under the provisions of § 32.53 of this chapter or manufactured or assembled in accordance with a specific license issued by an Agreement State which authorizes manufacture or assembly of the device for distribution to persons generally licensed by the Agreement State. (b) Persons who own, receive, acquire, possess or use luminous safety devices pursuant to the general license in this section are exempt from the requirements of parts 19, 20, and 21, of this chapter, except that they shall comply with the provisions of §§ 20.2201, and 20.2202 of this chapter. (c) This general license does not authorize the manufacture, assembly, repair or import of luminous safety devices containing tritium or promethium-147. (d) This general license does not authorize the export of luminous safety devices containing tritium or promethium-147. (e) This general license does not authorize the ownership, receipt, acquisition, possession or use of promethium-147 contained in instrument dials. | ||||||
| 10:10:1.0.1.1.21.0.91.8 | 10 | Energy | I | 31 | PART 31—GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL | § 31.8 Americium-241 and radium-226 in the form of calibration or reference sources. | NRC | [72 FR 55927, Oct. 1, 2007] | (a) A general license is issued to those persons listed in this section to own, receive, acquire, possess, use, and transfer, in accordance with the provisions of paragraphs (b) and (c) of this section, americium-241 or radium-226 in the form of calibration or reference sources: (1) Any person in a non-Agreement State who holds a specific license issued under this chapter which authorizes receipt, possession, use, and transfer of byproduct material, source material, or special nuclear material; and (2) Any Government agency, as defined in § 30.4 of this chapter, which holds a specific license issued under this chapter which authorizes it to receive, possess, use, and transfer byproduct material, source material, or special nuclear material. (b) The general license in paragraph (a) of this section applies only to calibration or reference sources which have been manufactured or initially transferred in accordance with the specifications contained in a specific license issued under § 32.57 of this chapter or in accordance with the specifications contained in a specific license issued to the manufacturer by an Agreement State which authorizes manufacture of the sources for distribution to persons generally licensed by the Agreement State, or in accordance with a specific license issued by a State with comparable provisions to § 32.57. (c) The general license in paragraph (a) of this section is subject to the provisions of §§ 30.14(d), 30.34 (a) to (e), and 30.50 to 30.63 of this chapter, and to the provisions of parts 19, 20, and 21, of this chapter. In addition, persons who own, receive, acquire, possess, use, and transfer one or more calibration or reference sources under this general license: (1) Shall not possess at any one time, at any one location of storage or use, more than 0.185 megabecquerel (5 microcuries) of americium-241 or 0.185 megabecquerel (5 microcuries) of radium-226 in such sources; (2) Shall not receive, possess, use, or transfer a source unless the source, or the storage container, bears a… | ||||||
| 10:10:1.0.1.1.21.0.91.9 | 10 | Energy | I | 31 | PART 31—GENERAL DOMESTIC LICENSES FOR BYPRODUCT MATERIAL | § 31.9 General license to own byproduct material. | NRC | [30 FR 8189, June 26, 1965] | A general license is hereby issued to own byproduct material without regard to quantity. Notwithstanding any other provision of this chapter, a general licensee under this paragraph is not authorized to manufacture, produce, transfer, receive, possess, use, import or export byproduct material, except as authorized in a specific license. | ||||||
| 14:14:1.0.1.3.17.1.283.1 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | A | Subpart A—General | § 31.1 Applicability. | FAA | [Doc. No. 1437, 29 FR 8258, July 1, 1964, as amended by Amdt. 31-3, 41 FR 55474, Dec. 20, 1976] | (a) This part prescribes airworthiness standards for the issue of type certificates and changes to those certificates, for manned free balloons. (b) Each person who applies under Part 21 for such a certificate or change must show compliance with the applicable requirements of this part. (c) For purposes of this part— (1) A captive gas balloon is a balloon that derives its lift from a captive lighter-than-air gas; (2) A hot air balloon is a balloon that derives its lift from heated air; (3) The envelope is the enclosure in which the lifting means is contained; (4) The basket is the container, suspended beneath the envelope, for the balloon occupants; (5) The trapeze is a harness or is a seat consisting of a horizontal bar or platform suspended beneath the envelope for the balloon occupants; and (6) The design maximum weight is the maximum total weight of the balloon, less the lifting gas or air. | |||
| 14:14:1.0.1.3.17.2.283.1 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | B | Subpart B—Flight Requirements | § 31.12 Proof of compliance. | FAA | [Amdt. 31-4, 45 FR 60179, Sept. 11, 1980] | (a) Each requirement of this subpart must be met at each weight within the range of loading conditions for which certification is requested. This must be shown by— (1) Tests upon a balloon of the type for which certification is requested or by calculations based on, and equal in accuracy to, the results of testing; and (2) Systematic investigation of each weight if compliance cannot be reasonably inferred from the weights investigated. (b) Except as provided in § 31.17(b), allowable weight tolerances during flight testing are + 5 percent and −10 percent. | |||
| 14:14:1.0.1.3.17.2.283.2 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | B | Subpart B—Flight Requirements | § 31.14 Weight limits. | FAA | [Amdt. 31-3, 41 FR 55474, Dec. 20, 1976] | (a) The range of weights over which the balloon may be safely operated must be established. (b) Maximum weight. The maximum weight is the highest weight at which compliance with each applicable requirement of this part is shown. The maximum weight must be established so that it is not more than— (1) The highest weight selected by the applicant; (2) The design maximum weight which is the highest weight at which compliance with each applicable structural loading condition of this part is shown; or (3) The highest weight at which compliance with each applicable flight requirement of this part is shown. (c) The information established under paragraphs (a) and (b) of this section must be made available to the pilot in accordance with § 31.81. | |||
| 14:14:1.0.1.3.17.2.283.3 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | B | Subpart B—Flight Requirements | § 31.16 Empty weight. | FAA | [Amdt. 31-4, 45 FR 60179, Sept. 11, 1980] | The empty weight must be determined by weighing the balloon with installed equipment but without lifting gas or heater fuel. | |||
| 14:14:1.0.1.3.17.2.283.4 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | B | Subpart B—Flight Requirements | § 31.17 Performance: Climb. | FAA | [Amdt. 31-4, 45 FR 60179, Sept. 11, 1980] | (a) Each balloon must be capable of climbing at least 300 feet in the first minute after takeoff with a steady rate of climb. Compliance with the requirements of this section must be shown at each altitude and ambient temperature for which approval is sought. (b) Compliance with the requirements of paragraph (a) of this section must be shown at the maximum weight with a weight tolerance of + 5 percent. | |||
| 14:14:1.0.1.3.17.2.283.5 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | B | Subpart B—Flight Requirements | § 31.19 Performance: Uncontrolled descent. | FAA | [Amdt. 31-4, 45 FR 60179, Sept. 11, 1980] | (a) The following must be determined for the most critical uncontrolled descent that can result from any single failure of the heater assembly, fuel cell system, gas value system, or maneuvering vent system, or from any single tear in the balloon envelope between tear stoppers: (1) The maximum vertical velocity attained. (2) The altitude loss from the point of failure to the point at which maximum vertical velocity is attained. (3) The altitude required to achieve level flight after corrective action is inititated, with the balloon descending at the maximum vertical velocity determined in paragraph (a)(1) of this section. (b) Procedures must be established for landing at the maximum vertical velocity determined in paragraph (a)(1) of this section and for arresting that descent rate in accordance with paragraph (a)(3) of this section. | |||
| 14:14:1.0.1.3.17.2.283.6 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | B | Subpart B—Flight Requirements | § 31.20 Controllability. | FAA | [Amdt. 31-3, 41 FR 55474, Dec. 20, 1976] | The applicant must show that the balloon is safely controllable and maneuverable during takeoff, ascent, descent, and landing without requiring exceptional piloting skill. | |||
| 14:14:1.0.1.3.17.3.283.1 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | C | Subpart C—Strength Requirements | § 31.21 Loads. | FAA | Strength requirements are specified in terms of limit loads, that are the maximum load to be expected in service, and ultimate loads, that are limit loads multiplied by prescribed factors of safety. Unless otherwise specified, all prescribed loads are limit loads. | ||||
| 14:14:1.0.1.3.17.3.283.2 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | C | Subpart C—Strength Requirements | § 31.23 Flight load factor. | FAA | In determining limit load, the limit flight load factor must be at least 1.4. | ||||
| 14:14:1.0.1.3.17.3.283.3 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | C | Subpart C—Strength Requirements | § 31.25 Factor of safety. | FAA | [Doc. No. 1437, 29 FR 8258, July 1, 1964, as amended by Amdt. 31-2, 30 FR 3377, Mar. 13, 1965] | (a) Except as specified in paragraphs (b) and (c) of this section, the factor of safety is 1.5. (b) A factor of safety of at least five must be used in envelope design. A reduced factor of safety of at least two may be used if it is shown that the selected factor will preclude failure due to creep or instantaneous rupture from lack of rip stoppers. The selected factor must be applied to the more critical of the maximum operating pressure or envelope stress. (c) A factor of safety of at least five must be used in the design of all fibrous or non-metallic parts of the rigging and related attachments of the envelope to basket, trapeze, or other means provided for carrying occupants. The primary attachments of the envelope to the basket, trapeze, or other means provided for carrying occupants must be designed so that failure is extremely remote or so that any single failure will not jeopardize safety of flight. (d) In applying factors of safety, the effect of temperature, and other operating characteristics, or both, that may affect strength of the balloon must be accounted for. (e) For design purposes, an occupant weight of at least 170 pounds must be assumed. | |||
| 14:14:1.0.1.3.17.3.283.4 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | C | Subpart C—Strength Requirements | § 31.27 Strength. | FAA | [Doc. No. 1437, 29 FR 8258, July 1, 1964, as amended by Amdt. 31-4, 45 FR 60179, Sept. 11, 1980] | (a) The structure must be able to support limit loads without detrimental effect. (b) The structure must be substantiated by test to be able to withstand the ultimate loads for at least three seconds without failure. For the envelope, a test of a representative part is acceptable, if the part tested is large enough to include critical seams, joints, and load attachment points and members. (c) An ultimate free-fall drop test must be made of the basket, trapeze, or other place provided for occupants. The test must be made at design maximum weight on a horizontal surface, with the basket, trapeze, or other means provided for carrying occupants, striking the surface at angles of 0, 15, and 30 degrees. The weight may be distributed to simulate actual conditions. There must be no distortion or failure that is likely to cause serious injury to the occupants. A drop test height of 36 inches, or a drop test height that produces, upon impact, a velocity equal to the maximum vertical velocity determined in accordance with § 31.19, whichever is higher, must be used. | |||
| 14:14:1.0.1.3.17.4.283.1 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | D | Subpart D—Design Construction | § 31.31 General. | FAA | The suitability of each design detail or part that bears on safety must be established by tests or analysis. | ||||
| 14:14:1.0.1.3.17.4.283.10 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | D | Subpart D—Design Construction | § 31.47 Burners. | FAA | [Doc. No. 1437, 29 FR 8258, July 1, 1964, as amended by Amdt. 31-2, 30 FR 3377, Mar. 13, 1965; Amdt. 31-7, 61 FR 18223, Apr. 24, 1996; 61 FR 20877, May 8, 1996] | (a) If a burner is used to provide the lifting means, the system must be designed and installed so as not to create a fire hazard. (b) There must be shielding to protect parts adjacent to the burner flame, and the occupants, from heat effects. (c) There must be controls, instruments, or other equipment essential to the safe control and operation of the heater. They must be shown to be able to perform their intended functions during normal and emergency operation. (d) The burner system (including the burner unit, controls, fuel lines, fuel cells, regulators, control valves, and other related elements) must be substantiated by an endurance test of at least 40 hours. Each element of the system must be installed and tested to simulate actual balloon installation and use. (1) The test program for the main blast valve operation of the burner must include: (i) Five hours at the maximum fuel pressure for which approval is sought, with a burn time for each one minute cycle of three to ten seconds. The burn time must be established so that each burner is subjected to the maximum thermal shock for temperature affected elements; (ii) Seven and one-half hours at an intermediate fuel pressure, with a burn time for each one minute cycle of three to ten seconds. An intermediate fuel pressure is 40 to 60 percent of the range between the maximum fuel pressure referenced in paragraph (d)(1)(i) of this section and minimum fuel pressure referenced in paragraph (d)(1)(iii); (iii) Six hours and fifteen minutes at the minimum fuel pressure for which approval is sought, with a burn time for each one minute cycle of three to ten seconds; (iv) Fifteen minutes of operation on vapor, with a burn time for each one minute cycle of at least 30 seconds; and (v) Fifteen hours of normal flight operation. (2) The test program for the secondary or backup operation of the burner must include six hours of operation with a burn time for each five minute cycle of one minute at an intermediate fuel pressure. (e) The test must also include at l… | |||
| 14:14:1.0.1.3.17.4.283.11 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | D | Subpart D—Design Construction | § 31.49 Control systems. | FAA | [Doc. No. 1437, 29 FR 8258, July 1, 1964, as amended by Amdt. 31-2, 30 FR 3377, Mar. 13, 1965] | (a) Each control must operate easily, smoothly, and positively enough to allow proper performance of its functions. Controls must be arranged and identified to provide for convenience of operation and to prevent the possibility of confusion and subsequent inadvertent operation. (b) Each control system and operating device must be designed and installed in a manner that will prevent jamming, chafing, or interference from passengers, cargo, or loose objects. Precaution must be taken to prevent foreign objects from jamming the controls. The elements of the control system must have design features or must be distinctly and permanently marked to minimize the possibility of incorrect assembly that could result in malfunctioning of the control system. (c) Each balloon using a captive gas as the lifting means must have an automatic valve or appendix that is able to release gas automatically at the rate of at least three percent of the total volume per minute when the balloon is at its maximum operating pressure. (d) Each hot air balloon must have a means to allow the controlled release of hot air during flight. (e) Each hot air balloon must have a means to indicate the maximum envelope skin temperatures occurring during operation. The indicator must be readily visible to the pilot and marked to indicate the limiting safe temperature of the envelope material. If the markings are on the cover glass of the instrument, there must be provisions to maintain the correct alignment of the glass cover with the face of the dial. | |||
| 14:14:1.0.1.3.17.4.283.12 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | D | Subpart D—Design Construction | § 31.51 Ballast. | FAA | Each captive gas balloon must have a means for the safe storage and controlled release of ballast. The ballast must consist of material that, if released during flight, is not hazardous to persons on the ground. | ||||
| 14:14:1.0.1.3.17.4.283.13 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | D | Subpart D—Design Construction | § 31.53 Drag rope. | FAA | If a drag rope is used, the end that is released overboard must be stiffened to preclude the probability of the rope becoming entangled with trees, wires, or other objects on the ground. | ||||
| 14:14:1.0.1.3.17.4.283.14 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | D | Subpart D—Design Construction | § 31.55 Deflation means. | FAA | [Amdt. 31-2, 30 FR 3377, Mar. 13, 1965] | There must be a means to allow emergency deflation of the envelope so as to allow a safe emergency landing. If a system other than a manual system is used, the reliability of the system used must be substantiated. | |||
| 14:14:1.0.1.3.17.4.283.15 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | D | Subpart D—Design Construction | § 31.57 Rip cords. | FAA | (a) If a rip cord is used for emergency deflation, it must be designed and installed to preclude entanglement. (b) The force required to operate the rip cord may not be less than 25, or more than 75, pounds. (c) The end of the rip cord to be operated by the pilot must be colored red. (d) The rip cord must be long enough to allow an increase of at least 10 percent in the vertical dimension of the envelope. | ||||
| 14:14:1.0.1.3.17.4.283.16 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | D | Subpart D—Design Construction | § 31.59 Trapeze, basket, or other means provided for occupants. | FAA | (a) The trapeze, basket, or other means provided for carrying occupants may not rotate independently of the envelope. (b) Each projecting object on the trapeze, basket, or other means provided for carrying occupants, that could cause injury to the occupants, must be padded. | ||||
| 14:14:1.0.1.3.17.4.283.17 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | D | Subpart D—Design Construction | § 31.61 Static discharge. | FAA | [Amdt. 31-2, 30 FR 3377, Mar. 13, 1965] | Unless shown not to be necessary for safety, there must be appropriate bonding means in the design of each balloon using flammable gas as a lifting means to ensure that the effects of static discharges will not create a hazard. | |||
| 14:14:1.0.1.3.17.4.283.18 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | D | Subpart D—Design Construction | § 31.63 Safety belts. | FAA | [Amdt. 31-2, 30 FR 3377, Mar. 13, 1965, as amended by Amdt. 31-3, 41 FR 55474, Dec. 20, 1976] | (a) There must be a safety belt, harness, or other restraining means for each occupant, unless the Administrator finds it unnecessary. If installed, the belt, harness, or other restraining means and its supporting structure must meet the strength requirements of subpart C of this part. (b) This section does not apply to balloons that incorporate a basket or gondola. | |||
| 14:14:1.0.1.3.17.4.283.19 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | D | Subpart D—Design Construction | § 31.65 Position lights. | FAA | [Doc. No. 1437, 29 FR 8258, July 1, 1964, as amended by Amdt. 31-1, 29 FR 14563, Oct. 24, 1964; Amdt. 31-4, 45 FR 60179, Sept. 11, 1980] | (a) If position lights are installed, there must be one steady aviation white position light and one flashing aviation red (or flashing aviation white) position light with an effective flash frequency of at least 40, but not more than 100, cycles per minute. (b) Each light must provide 360° horizontal coverage at the intensities prescribed in this paragraph. The following light intensities must be determined with the light source operating at a steady state and with all light covers and color filters in place and at the manufacturer's rated minimum voltage. For the flashing aviation red light, the measured values must be adjusted to correspond to a red filter temperature of at least 130 °F: (1) The intensities in the horizontal plane passing through the light unit must equal or exceed the following values: (2) The intensities in vertical planes must equal or exceed the following values. An intensity of one unit corresponds to the applicable horizontal plane intensity specified in paragraph (b)(1) of this section. (c) The steady white light must be located not more than 20 feet below the basket, trapeze, or other means for carrying occupants. The flashing red or white light must be located not less than 7, nor more than 10, feet below the steady white light. (d) There must be a means to retract and store the lights. (e) Each position light color must have the applicable International Commission on Illumination chromaticity coordinates as follows: (1) Aviation red — y is not greater than 0.335; and z is not greater than 0.002. y is not greater than 0.335; and z is not greater than 0.002. (2) Aviation white — x is not less than 0.300 and not greater than 0.540; y is not less than x −0.040 or y o −0.010, whichever is the smaller; and y is not greater than x + 0.020 nor 0.636−0.0400 x ; Where y o is the y coordinate of the Planckian radiator for the value of x considered. x is not less than 0.300 and not greater than 0.540; y is not less than x −0.040 or y o −0.010, w… | |||
| 14:14:1.0.1.3.17.4.283.2 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | D | Subpart D—Design Construction | § 31.33 Materials. | FAA | (a) The suitability and durability of all materials must be established on the basis of experience or tests. Materials must conform to approved specifications that will ensure that they have the strength and other properties assumed in the design data. (b) Material strength properties must be based on enough tests of material conforming to specifications so as to establish design values on a statistical basis. | ||||
| 14:14:1.0.1.3.17.4.283.3 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | D | Subpart D—Design Construction | § 31.35 Fabrication methods. | FAA | The methods of fabrication used must produce a consistently sound structure. If a fabrication process requires close control to reach this objective, the process must be performed in accordance with an approved process specification. | ||||
| 14:14:1.0.1.3.17.4.283.4 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | D | Subpart D—Design Construction | § 31.37 Fastenings. | FAA | Only approved bolts, pins, screws, and rivets may be used in the structure. Approved locking devices or methods must be used for all these bolts, pins, and screws, unless the installation is shown to be free from vibration. Self-locking nuts may not be used on bolts that are subject to rotation in service. | ||||
| 14:14:1.0.1.3.17.4.283.5 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | D | Subpart D—Design Construction | § 31.39 Protection. | FAA | Each part of the balloon must be suitably protected against deterioration or loss of strength in service due to weathering, corrosion, or other causes. | ||||
| 14:14:1.0.1.3.17.4.283.6 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | D | Subpart D—Design Construction | § 31.41 Inspection provisions. | FAA | There must be a means to allow close examination of each part that require repeated inspection and adjustment. | ||||
| 14:14:1.0.1.3.17.4.283.7 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | D | Subpart D—Design Construction | § 31.43 Fitting factor. | FAA | (a) A fitting factor of at least 1.15 must be used in the analysis of each fitting the strength of which is not proven by limit and ultimate load tests in which the actual stress conditions are simulated in the fitting and surrounding structure. This factor applies to all parts of the fitting, the means of attachment, and the bearing on the members joined. (b) Each part with an integral fitting must be treated as a fitting up to the point where the section properties become typical of the member. (c) The fitting factor need not be used if the joint design is made in accordance with approved practices and is based on comprehensive test data. | ||||
| 14:14:1.0.1.3.17.4.283.8 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | D | Subpart D—Design Construction | § 31.45 Fuel cells. | FAA | [Amdt. 31-3, 41 FR 55474, Dec. 20, 1976] | If fuel cells are used, the fuel cells, their attachments, and related supporting structure must be shown by tests to be capable of withstanding, without detrimental distortion or failure, any inertia loads to which the installation may be subjected, including the drop tests prescribed in § 31.27(c). In the tests, the fuel cells must be loaded to the weight and pressure equivalent to the full fuel quantity condition. | |||
| 14:14:1.0.1.3.17.4.283.9 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | D | Subpart D—Design Construction | § 31.46 Pressurized fuel systems. | FAA | [Amdt. 31-3, 41 FR 55474, Dec. 20, 1976] | For pressurized fuel systems, each element and its connecting fittings and lines must be tested to an ultimate pressure of at least twice the maximum pressure to which the system will be subjected in normal operation. No part of the system may fail or malfunction during the test. The test configuration must be representative of the normal fuel system installation and balloon configuration. | |||
| 14:14:1.0.1.3.17.5.283.1 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | E | Subpart E—Equipment | § 31.71 Function and installation. | FAA | [Amdt. 31-4, 45 FR 60180, Sept. 11, 1980] | (a) Each item of installed equipment must— (1) Be of a kind and design appropriate to its intended function; (2) Be permanently and legibly marked or, if the item is too small to mark, tagged as to its identification, function, or operating limitations, or any applicable combination of those factors; (3) Be installed according to limitations specified for that equipment; and (4) Function properly when installed. (b) No item of installed equipment, when performing its function, may affect the function of any other equipment so as to create an unsafe condition. (c) The equipment, systems, and installations must be designed to prevent hazards to the balloon in the event of a probable malfunction or failure. | |||
| 14:14:1.0.1.3.17.6.283.1 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | F | Subpart F—Operating Limitations and Information | § 31.81 General. | FAA | [Amdt. 31-4, 45 FR 60180, Sept. 11, 1980] | (a) The following information must be established: (1) Each operating limitation, including the maximum weight determined under § 31.14. (2) The normal and emergency procedures. (3) Other information necessary for safe operation, including— (i) The empty weight determined under § 31.16; (ii) The rate of climb determined under § 31.17, and the procedures and conditions used to determine performance; (iii) The maximum vertical velocity, the altitude drop required to attain that velocity, and altitude drop required to recover from a descent at that velocity, determined under § 31.19, and the procedures and conditions used to determine performance; and (iv) Pertinent information peculiar to the balloon's operating characteristics. (b) The information established in compliance with paragraph (a) of this section must be furnished by means of— (1) A Balloon Flight Manual; or (2) A placard on the balloon that is clearly visible to the pilot. | |||
| 14:14:1.0.1.3.17.6.283.2 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | F | Subpart F—Operating Limitations and Information | § 31.82 Instructions for Continued Airworthiness. | FAA | [Amdt. 31-4, 45 FR 60180, Sept. 11, 1980] | The applicant must prepare Instructions for Continued Airworthiness in accordance with appendix A to this part that are acceptable to the Administrator. The instructions may be incomplete at type certification if a program exists to ensure their completion prior to delivery of the first balloon or issuance of a standard certificate of airworthiness, whichever occurs later. | |||
| 14:14:1.0.1.3.17.6.283.3 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | F | Subpart F—Operating Limitations and Information | § 31.83 Conspicuity. | FAA | The exterior surface of the envelope must be of a contrasting color or colors so that it will be conspicuous during operation. However, multicolored banners or streamers are acceptable if it can be shown that they are large enough, and there are enough of them of contrasting color, to make the balloon conspicuous during flight. | ||||
| 14:14:1.0.1.3.17.6.283.4 | 14 | Aeronautics and Space | I | C | 31 | PART 31—AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS | F | Subpart F—Operating Limitations and Information | § 31.85 Required basic equipment. | FAA | [Amdt. 31-2, 30 FR 3377, Mar. 13, 1965, as amended by Amdt. 31-3, 41 FR 55474, Dec. 20, 1976; Amdt. 31-4, 45 FR 60180, Sept. 11, 1980] | In addition to any equipment required by this subchapter for a specific kind of operation, the following equipment is required: (a) For all balloons: (1) [Reserved] (2) An altimeter. (3) A rate of climb indicator. (b) For hot air balloons: (1) A fuel quantity gauge. If fuel cells are used, means must be incorporated to indicate to the crew the quantity of fuel in each cell during flight. The means must be calibrated in appropriate units or in percent of fuel cell capacity. (2) An envelope temperature indicator. (c) For captive gas balloons, a compass. | |||
| 17:17:1.0.1.1.24.0.7.1 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | §§ 31.1-31.2 [Reserved] | CFTC | ||||||||
| 17:17:1.0.1.1.24.0.7.10 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.11 Disclosure. | CFTC | [49 FR 5532, Feb. 13, 1984; 49 FR 25427, June 21, 1984, as amended at 50 FR 29, Jan. 2, 1985; 50 FR 36415, Sept. 6, 1985; 54 FR 41080, Oct. 5, 1989; 54 FR 46503, Nov. 3, 1989] | (a) Except as provided in paragraph (i) of this section, prior to the opening of a leverage customer account, a leverage transaction merchant soliciting an order for any leverage contract shall furnish to the prospective leverage customer a dated Disclosure Document and receive from such prospective leverage customer a signed and dated copy of the risk disclosure statement contained in such document which acknowledges that the customer received and understood the Disclosure Document. The Disclosure Document shall contain then current information with respect to the leverage contract being offered by the person soliciting the order therefor, and shall contain: (1) The following bold-faced risk disclosure statement in at least ten-point type on the first page of the Disclosure Document: BECAUSE OF THE UNPREDICTABLE NATURE OF THE PRICES OF PRECIOUS AND OTHER METALS, LEVERAGE CONTRACTS INVOLVE A HIGH DEGREE OF RISK AND ARE NOT SUITABLE FOR MANY MEMBERS OF THE PUBLIC. THE LEVERAGE CUSTOMER SHOULD BE AWARE THAT THE VALUE OF A LEVERAGE CONTRACT ORIGINALLY PURCHASED BY A CUSTOMER (“LONG LEVERAGE CONTRACT”) MUST EXCEED THE BREAK-EVEN PRICE BEFORE IT IS POSSIBLE TO REALIZE A PROFIT ON THE CONTRACT. SIMILARLY, THE VALUE OF A LEVERAGE CONTRACT ORIGINALLY SOLD BY A LEVERAGE CUSTOMER (“SHORT LEVERAGE CONTRACT”) MUST BE LESS THAN THE BREAK-EVEN PRICE BEFORE IT IS POSSIBLE TO REALIZE A PROFIT ON THE CONTRACT. A FILLED IN VERSION OF THE CUSTOMER CONFIRMATION STATEMENT REFLECTING A SINGLE TRANSACTION IN A REPRESENTATIVE LEVERAGE COMMODITY FOR A LONG LEVERAGE TRANSACTION AND A SHORT LEVERAGE TRANSACTION WHICH INCLUDES A FORMULA FOR CALCULATING AN ESTIMATE OF THE LEVERAGE CONTRACT'S BREAK-EVEN VALUE IS ATTACHED TO THIS DOCUMENT. THIS IS IN THE SAME FORMAT AS THE CONFIRMATION STATEMENT YOU WILL RECEIVE TO CONFIRM YOUR ACTUAL TRANSACTION. BE CERTAIN THAT YOU UNDERSTAND THE INFORMATION PROVIDED BY THIS STATEMENT BEFORE YOU ENTER INTO A LEVERAGE TRANSACTION. YOU SHOULD ALSO UNDERSTAND THAT THE CHARGES FOR SIMILAR LEVERAGE CONTRACTS… | ||||||
| 17:17:1.0.1.1.24.0.7.11 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.12 Segregation. | CFTC | [49 FR 5535, Feb. 13, 1984, as amended at 50 FR 31, Jan. 2, 1985, 50 FR 34616, Sept. 6, 1985; 50 FR 40964, Oct. 8, 1985; 54 FR 41081, Oct. 5, 1989; 54 FR 46503, Nov. 3, 1989] | (a) Any person that accepts leverage customer funds from a leverage customer to enter into or maintain a leverage contract shall treat and deal with such leverage customer funds as belonging to that leverage customer. Such leverage customer funds: (1) Shall be separately accounted for and segregated as belonging to the leverage customer, (2) shall be kept in the United States, (3) shall not be commingled with the funds of any other person, and (4) shall not be used to secure or extend the credit of any leverage customer or person other than the one for whom the leverage customer funds are held: Provided, however, That the leverage customer funds treated as belonging to a leverage customer may for convenience be commingled with other leverage customer funds and deposited in the same account or accounts with a futures commission merchant or with a bank or trust company located in the United States under conditions set forth in paragraph (b) of this section. Any leverage customer funds when so deposited with a futures commission merchant, bank or trust company, shall be deposited under an account name which clearly indicates that the account contains leverage customer funds that are segregated as required by this section. Each person so depositing any leverage customer funds shall obtain and retain in its files for the period provided in § 1.31 of this chapter an acknowledgment from the futures commission merchant, bank or trust company wherein the leverage customer funds have been deposited that the futures commission merchant, bank or trust company has been informed that the leverage customer funds deposited with it are being treated by the depositing person as belonging to leverage customers and are being held in accordance with the provisions of this section. The futures commission merchant, bank or trust company shall allow inspection of such segregated accounts, including all documents pertaining thereto, at any reasonable time by any representative of the Commission or designated self-regulatory organizatio… | ||||||
| 17:17:1.0.1.1.24.0.7.12 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.13 Financial reports of leverage transaction merchants. | CFTC | [49 FR 5536, Feb. 13, 1984, as amended at 54 FR 41081, Oct. 5, 1989; 62 FR 10445, Mar. 7, 1997; 67 FR 62352, Oct. 7, 2002; 69 FR 41426, July 9, 2004; 78 FR 22419, Apr. 16, 2013; 89 FR 71811, Sept. 4, 2024] | (a) Each leverage transaction merchant who files an application for registration with the National Futures Association under § 3.17 of this chapter shall submit concurrently with the filing of such application either: (1) A Form 2-FR certified by an independent public accountant as of a date not more than 45 days prior to the date on which such report is filed; or (2) A Form 2-FR as of a date not more than 45 days prior to the date on which such report is filed and an Form 2-FR certified by an independent public accountant as of a date not more than 1 year prior to the date on which such report is filed. Each such person must include with such financial report a statement describing the source of his current assets and representing that his capital has been contributed for the purpose of operating his business and will continue to be used for such purpose. (b)(1) Each leverage transaction merchant must file, in accordance with the requirements of paragraph (e) of this section, a Form 2-FR for each fiscal quarter of each fiscal year. The Form 2-FR filed as of the close of the leverage transaction merchant's fiscal year must be certified by an independent public accountant. Each Form 2-FR must be filed no later than 45 days after the date for which the report is made: Provided, however, That any Form 2-FR which must be certified by an independent public accountant must be filed no later than 90 days after the close of the leverage transaction merchant's fiscal year. (2) The provisions of paragraph (b)(1) of this section may be met by any person registered as a leverage transaction merchant who is a member of a designated self-regulatory organization and conforms to minimum financial standards and related reporting requirements set by such designated self-regulatory organization in its bylaws, rules, regulations, or resolutions and approved after April 13, 1984, by the Commission pursuant to section 19 of the Act and § 31.28 of this part: Provided, however, That each such registrant shall promptly file with … | ||||||
| 17:17:1.0.1.1.24.0.7.13 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.14 Recordkeeping. | CFTC | [50 FR 32, Jan. 2, 1985; 50 FR 2283, Jan. 16, 1985, as amended at 67 FR 62352, Oct. 7, 2002; 78 FR 22419, Apr. 16, 2013; 89 FR 71811, Sept. 4, 2024] | (a) All books, records and other documents required to be kept by this part shall be kept in accordance with the provisions of § 1.31 of this chapter. In addition, information concerning leverage transactions shall be made available upon request of the Executive Director, the Director of the Market Participants Division, the Director of the Division of Market Oversight or the Director of the Division of Enforcement, or other designees, at a time and place and in such form and manner as may be specified in the request. (b) Each leverage transaction merchant shall: (1) Keep full, complete, and systematic records, together with all pertinent data and memoranda, of all transactions relating to leverage contracts, commodity futures, commodity options and cash commodities and furnish true and correct information and reports as to the contents or the meaning thereof when and as requested by any authorized representative of the Commission, designated self-regulatory organization, if any, or the U.S. Department of Justice. Included among such records shall be: All leverage contract orders; signature cards; journals; ledgers; canceled checks; bank statements; loan agreements; invoices; copies of confirmations; copies of statements of purchase, sale, repurchase, resale, liquidation, rescission and delivery; copies of month-end statements; monthly trial balances, and a monthly listing as described in paragraph (d) of this section; reports, letters and copies of disclosure statements signed by leverage customers as described in § 31.11; promotional material, circulars, memoranda, publications, writings, and all other literature or written advice distributed to leverage customers or prospective leverage customers; and all other records, data and memoranda which have been prepared in the course of the business of the leverage transaction merchant concerning leverage contracts, commodity futures, commodity options, and cash commodities; (2) Keep a record in permanent form which shall show for each leverage customer's account … | ||||||
| 17:17:1.0.1.1.24.0.7.14 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.15 Reporting to leverage customers. | CFTC | [49 FR 5539, Feb. 13, 1984, as amended at 50 FR 33, Jan. 2, 1985; 50 FR 2283, Jan. 16, 1985] | Each leverage transaction merchant shall furnish in writing directly to each leverage customer: (a) Promptly upon the repurchase, resale, liquidation, rescission or delivery of a leverage contract, a statement showing the financial result of the transactions involved, including the gain or loss on the leverage contract as well as the commission and other charges; (b) As of the close of the last business day of each calendar month or as of any regular monthly date selected a statement which clearly shows: (1) All leverage contracts which were terminated for or by the leverage customer during the monthly reporting period by leverage commodity and contract, the number of contracts involved, the transaction identification number for each leverage contract, whether the terminating transaction involved repurchase, resale, liquidation, rescission, or delivery, the date the contract was initially entered into, the value of the contract when initiated, the date the contract was terminated, the value of the contract when terminated, and the realized profit or loss on the contract; (2) The open leverage contract positions carried for the leverage customer by leverage commodity and contract, whether the position is a long or short leverage contract, the dates on which such contracts were executed and their maturity dates, the number of contracts, the total value of the contracts when initiated, and the unrealized profit or loss on each such contract marked to the market on the basis of the leverage transaction merchant's bid price for a long leverage contract and ask price for a short leverage contract. (3) The net ledger balance carried in the leverage customer's account as of the monthly closing date and a complete accounting of any leverage customer funds held for the leverage customer; (4) A detailed accounting of all financial charges and credits to the previous ledger balance during the monthly reporting period, including all leverage customer funds received from or disbursed to the leverage customer, and all com… | ||||||
| 17:17:1.0.1.1.24.0.7.15 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.16 Monthly reporting requirements. | CFTC | [54 FR 41082, Oct. 5, 1989] | (a) Monthly activity. Each leverage transaction merchant shall file written monthly reports with the National Futures Association in the format specified by the National Futures Association, by the tenth business day of the month following the month covered by the report and shall include the following information separately for each leverage commodity and each long and short leverage contract: (1) The total number of leverage contracts that are open as of the close of business on the last business day of the month for: (i) All customer accounts, and (ii) Separately for commercial leverage accounts. (2) The total number of leverage contracts entered into by leverage customers during the month for: (i) All customer accounts, and (ii) Separately for commercial leverage accounts. (3) The total number of leverage contracts which were repurchased or resold by the leverage transaction merchant during the month. (4) The total number of leverage contracts which were liquidated by the leverage transaction merchant during the month ( i.e., as a result of overdue or unanswered margin calls). (5) The total number of deliveries on leverage contracts during the month. (6) The total number of leverage contracts which were rescinded during the month. (b) Prices. The monthly report shall also show the following information separately for each leverage commodity and each long and short leverage contract: the leverage transaction merchant's last bid price offered and last ask price offered as of the close of business on each business day. | ||||||
| 17:17:1.0.1.1.24.0.7.16 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.17 Records of leverage transactions. | CFTC | [49 FR 5540, Feb. 13, 1984, as amended at 50 FR 34, Jan. 2, 1985] | (a) Each leverage transaction merchant receiving a leverage customer's order shall immediately upon receipt thereof prepare a written record of such order, including the account identification and order number, and shall record thereon, by time-stamp or other timing device, the date and time, to the nearest minute, such order is received. (b) Each leverage transaction merchant executing the order of a leverage customer shall record on a written record of such order, including the account identification and order number, by time-stamp or other timing device, the date and time, to the nearest minute, such order is executed. (c) For the purposes of this section, the term “order” shall include, but not be limited to, any order for the purchase, sale, repurchase, resale, rescission, settlement by delivery, or liquidation of a leverage contract. (d) Each leverage transaction merchant shall establish and maintain a record of the bid and ask prices of each leverage contract on each leverage commodity that the leverage transaction merchant offers to sell or sells, or offers to purchase or purchases. The record shall include the times these prices were in effect to the nearest ten seconds. | ||||||
| 17:17:1.0.1.1.24.0.7.17 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.18 Margin calls. | CFTC | [49 FR 5540, Feb. 13, 1984, as amended at 50 FR 34, Jan. 2, 1985; 50 FR 36416, Sept. 6, 1985] | (a) No leverage transaction merchant shall liquidate a leverage contract because of a margin deficiency without effecting personal contact with the leverage customer. If a leverage transaction merchant is unable to effect personal contact with a leverage customer, a telegram sent to the leverage customer at the address furnished by the customer to the leverage transaction merchant shall be sufficient contact. (b) A leverage transaction merchant shall allow a leverage customer a reasonable time after contact is effected in which to respond to a margin call. Twenty-four hours, excluding Saturdays, Sundays, and holidays, will be a reasonable time: Provided, however, That in the event the leverage customer's leverage account equity falls below 50 percent of aggregate minimum margin with respect to the leverage contracts therein, the leverage transaction merchant may liquidate sufficient contracts to restore minimum margin without prior notice: Provided, further, That the leverage customer must be notified of such liquidation within no more than 24 hours thereafter and must be permitted to re-establish his contract for a period of 5 business days at the then prevailing bid price in the case of a long leverage contract and at the then prevailing ask price in the case of a short leverage contract, without commissions, fees or other mark-ups or charges. If a termination charge was assessed by the leverage transaction merchant upon liquidation of a contract in accordance with the first proviso of this paragraph, such a charge must be rescinded upon re-establishment of the contract in accordance with the second proviso of this paragraph. (c) A record of all margin calls, including all contacts with leverage customers and attempts to contact leverage customers with respect to such calls, shall be kept by the leverage transaction merchant in accordance with the provisions of § 31.14. (d) Leverage contracts liquidated by a leverage transaction merchant because of a margin deficiency must be liquidated in declining orde… | ||||||
| 17:17:1.0.1.1.24.0.7.18 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.19 Unlawful representations. | CFTC | [49 FR 5540, Feb. 13, 1984, as amended at 50 FR 34, Jan. 2, 1985] | It shall be unlawful for any person: (a) Required to be registered with the Commission in accordance with §§ 3.17 and 3.18 of this chapter expressly or impliedly to represent that the commission, by registering that person or by registering the leverage commodity which underlies contracts offered for sale or purchase, or sold or purchased by that person, or otherwise, has directly or indirectly approved that person, the person's method of operation, or any leverage commodity or leverage contract solicited or accepted by that person; (b) To represent in writing that it is registered with the Commission or that it is offering any leverage commodity registered with the Commission without also stating in writing in connection with that representation that the Commission, by registering that person or the leverage commodity which underlies contracts offered for sale or purchase or sold or purchased by that person, has not directly or indirectly approved the person, the person's method of operation, or any leverage commodity or contract solicited or accepted by that person; or (c) In or in connection with an offer to enter into, the entry into, the confirmation of the execution of, or the maintenance of any leverage contract, expressly or impliedly to represent that compliance with the provisions of the Act and these regulations constitutes a guarantee of the fulfillment of the leverage contract. | ||||||
| 17:17:1.0.1.1.24.0.7.19 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.20 Prohibition of guarantees against loss. | CFTC | [49 FR 5540, Feb. 13, 1984] | (a) No leverage transaction merchant shall in any way represent that it will, with respect to any leverage contract in any account carried by the leverage transaction merchant for or on behalf of any person: (1) Guarantee such person against loss; (2) Limit the loss of such person; or (3) Not call for or attempt to collect initial, minimum or maintenance leverage margin established for customers. (b) No person shall in any way represent that a leverage transaction merchant will engage in any of the acts or practices described in paragraphs (a)(1), (a)(2) or (a)(3) of this section. (c) This section shall not be construed to prevent a leverage transaction merchant from assuming or sharing in the losses resulting from an error or mishandling of an order. (d) This section shall not affect any guarantee entered into prior to the effective date of this section, but this section shall apply to any extension, modification or renewal thereof entered into after such date. | ||||||
| 17:17:1.0.1.1.24.0.7.2 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.3 Fraud in connection with certain transactions in silver or gold bullion or bulk coins, or other commodities. | CFTC | [43 FR 58554, Dec. 15, 1978. Redesignated at 49 FR 5526, Feb. 13, 1984] | It shall be unlawful for any person, by use of the mails or any means or instrumentality of interstate commerce, directly or indirectly: (a) To employ any device, scheme, or artifice to defraud, (b) To make any untrue statement of a material fact or to omit to state a material fact necessary in order to make the statements made in the light of the circumstances under which they were made, not misleading, or (c) To engage in any act, practice, or course of business which operates or would operate as a fraud or deceit upon any person, in, or in connection with (1) an offer to make or the making of, any transaction for the purchase, sale or delivery of silver bullion, gold bullion, bulk silver coins, bulk gold coins, or any other commodity pursuant to a standardized contract commonly known to the trade as a margin account, margin contract, leverage account, or leverage contract, or pursuant to any contract, account, arrangement, scheme, or device that serves the same function or functions as such a standardized contract, or is marketed or managed in substantially the same manner as such a standardized contract, or (2) the maintenance or carrying of any such contract. The provisions of this section shall not apply to any transaction expressly prohibited by section 19(a) of the Act. | ||||||
| 17:17:1.0.1.1.24.0.7.20 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.21 Leverage contracts entered into prior to April 13, 1984; subsequent transactions. | CFTC | [54 FR 41082, Oct. 5, 1989] | Nothing contained in these regulations shall be construed to affect any lawful activities that occurred prior to April 13, 1984. All leverage contracts offered or entered into on or after April 13, 1984 shall be subject to the terms and conditions of these regulations. | ||||||
| 17:17:1.0.1.1.24.0.7.21 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.22 Prohibited trading in leverage contracts. | CFTC | [54 FR 41082, Oct. 5, 1989] | No futures commission merchant or introducing broker shall offer to enter into, enter into, confirm the execution of, or solicit or accept orders for any leverage contract. | ||||||
| 17:17:1.0.1.1.24.0.7.22 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.23 Limited right to rescind first leverage contract. | CFTC | [49 FR 5540, Feb. 13, 1984, as amended at 50 FR 34, Jan. 2, 1985] | (a) A leverage customer who is entering a leverage contract or contracts for the first time with a particular leverage transaction merchant may rescind such contract or contracts during a period of not less than three business days from and including the day on which the leverage customer receives the Confirmation Statement pursuant to the following provisions: (1) Such customer may be assessed actual price losses accruing to the customer's position from the time at which the customer entered into a leverage contract to the time that the leverage contract was rescinded. Such losses do not extend to any other charges or fees, such as account initiation, carrying, margin or account termination; (2) In the case of a leverage customer whose initial leverage transaction was a purchase of a leverage contract from a leverage transaction merchant (long leverage contract), actual losses accruing to the position may be calculated only by subtracting the ask price of the leverage contract offered by the leverage transaction merchant at the time when the leverage contract was rescinded from the ask price at which the leverage contract was purchased by the leverage customer and which appears on the Confirmation Statement. In the case of a leverage customer whose initial leverage transaction was a sale of a leverage contract to a leverage transaction merchant (short leverage contract), actual losses are calculated by subtracting the bid price at which the leverage contract was sold by the leverage customer and which appears on the Confirmation Statement from the bid price of the leverage contract offered by the leverage transaction merchant at the time when the leverage contract was rescinded. (3) Such customer may rescind the contract by telegram sent to the leverage transaction merchant at the address provided on the confirmation statement, or by telephone to a telephone number provided by the leverage transaction merchant on the Confirmation Statement with immediate written affirmation of rescission by telegram, certifie… | ||||||
| 17:17:1.0.1.1.24.0.7.23 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.24 [Reserved] | CFTC | ||||||||
| 17:17:1.0.1.1.24.0.7.24 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.25 Bid and ask prices; carrying charges. | CFTC | [50 FR 36416, Sept. 6, 1985, as amended at 54 FR 41082, Oct. 5, 1989] | (a) A leverage transaction merchant must use the same bid price at any particular point in time to purchase a leverage contract from a leverage customer (initiation of a short transaction) and to repurchase a leverage contract from a leverage customer (close-out of a long transaction), and a leverage transaction merchant must use the same ask price at any particular point in time to sell a leverage contract to a leverage customer (initiation of a long transaction) and to resell a leverage contract to a leverage customer (close-out of a short transaction), with respect to contracts involving the same leverage commodity. (b) A leverage transaction merchant must apply a carrying charge rate on a short leverage contract that is within one percent per annum of the carrying charge rate that it applies to a long leverage contract. In the case of a short leverage contract, the leverage customer must be credited with carrying charges computed on the total initial value of the contract, using the bid price when the contract was executed, plus any margin deposits made by the leverage customer in connection with the contract, and the same carrying charge rate must be applied to the total initial value of the contract and to the margin deposits. In the case of a long leverage contract, the leverage customer must be assessed carrying charges only on the unpaid balance of the contract, which is the total initial value of the contract, using the ask price when the contract was executed, minus any margin deposits made in connection with the contract: Provided, however, That in the case of a long leverage contract, interest on unpaid carrying charges may be assessed at the same rate as the interest rate component of the carrying charges and, if such an assessment were made and if the leverage transaction merchant offers short leverage contracts, payment of interest on carrying charges that have been credited to the leverage customer's account and not withdrawn must be made at the same rate as the interest rate component of the … | ||||||
| 17:17:1.0.1.1.24.0.7.25 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.26 Quarterly reporting requirement. | CFTC | [50 FR 36416, Sept. 6, 1985; 50 FR 37519, Sept. 16, 1985, as amended at 54 FR 41083, Oct. 5, 1989] | Each leverage transaction merchant must file, in accordance with the instructions of, and in the format specified by, the National Furtures Association a quarterly report with the National Futures Association by the fifteenth business day of the month following the quarter covered by the report. The report must list all leverage contracts which were either repurchased, resold, liquidated or settled by delivery by or to the leverage transaction merchant during the quarter and, with respect to each leverage contract, must include the following information: (a) The leverage commodity and contract involved; (b) Whether a long or short leverage contract was involved; (c) The date the leverage contract was entered into; (d) The maturity date of the leverage contract at initiation; (e) The price at which the leverage contract was entered into; (f) Whether the leverage contract was repurchased, resold, liquidated or settled by delivery; (g) The date the leverage contract was repurchased, resold, liquidated or settled by delivery; (h) The price at which the leverage contract was repurchased, resold or liquidated; (i) The leverage customer account identification number; (j) Whether the leverage customer had a commercial or noncommercial leverage account; (k) Whether the leverage customer was the owner or holder of a proprietary leverage account as defined in § 31.4(e); and (l) The profit or loss incurred by the leverage customer on the contract. In the case of a long leverage contract, profit or loss shall be determined by subtracting, from the total value of the contract based on the leverage transaction merchant's bid price at the time of repurchase or liquidation, the total value of the contract based on the ask price at which the contract was entered into, minus any amounts paid or owed by the leverage customer to the leverage transaction merchant, including initial, carrying and termination charges, plus any amounts paid or credited by the leverage transaction merchant to the leverage customer, in connecti… | ||||||
| 17:17:1.0.1.1.24.0.7.26 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.27 Registered futures association membership. | CFTC | [54 FR 41083, Oct. 5, 1989] | Each person registered or required to register as a leverage transaction merchant must become and remain a member of at least one futures association which is registered under section 17 of the Act and which provides for the membership therein of such leverage transaction merchant, unless no such futures association is so registered. | ||||||
| 17:17:1.0.1.1.24.0.7.27 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.28 Self-regulatory organization adoption and surveillance of minimum financial, cover, segregation and sales practice requirements. | CFTC | [54 FR 41083, Oct. 5, 1989, as amended at 89 FR 71811, Sept. 4, 2024] | (a) Each self-regulatory organization must adopt, and submit for Commission approval, rules prescribing minimum financial, cover, segregation and sales practice, and related reporting requirements for all its members who are registered leverage transaction merchants. Each self-regulatory organization shall submit for Commission approval any modification or other amendments to such rules. Such requirements must be the same as, or more stringent than, those contained in this part 31 and the definition of adjusted net capital must be the same as that prescribed in § 31.9(b)(4) of this part. (b) Each self-regulatory organization which has members who are registered leverage transaction merchants shall have in effect and enforce rules submitted to the Commission pursuant to paragraph (a) of this section and approved by the Commission. (c) Any two or more self-regulatory organizations may file with the Commission a plan for delegating to a designated self-regulatory organization, for any registered leverage transaction merchant which is a member of more than one such self-regulatory organization, the responsibility of: (1) Monitoring and auditing for compliance with the minimum financial, cover, segregation and sales practice, and related reporting requirements adopted by such self-regulatory organizations in accordance with paragraph (a) of this section; and (2) Receiving the reports necessitated by such minimum financial, cover, segregation and sales practice, and related reporting requirements. (d) Any plan filed under this section may contain provisions for the allocation of expenses reasonably incurred by the designated self-regulatory organization among the self-regulatory organizations participating in such a plan. (e) A plan's designated self-regulatory organization must report to that plan's other self-regulatory organizations any violation of such other self-regulatory organizations' rules and regulations for which the responsibility to monitor, audit or examine has been delegated to such designated sel… | ||||||
| 17:17:1.0.1.1.24.0.7.28 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.29 Arbitration or other dispute settlement procedures. | CFTC | [54 FR 41084, Oct. 5, 1989; 54 FR 46503, Nov. 3, 1989] | Each self-regulatory organization which has members who are registered as leverage transaction merchants must be able to demonstrate its capability to promulgate rules and to conduct proceedings which provide a fair, equitable and expeditious procedure, through arbitration or otherwise, for the voluntary settlement of a leverage customer's claim or grievance brought against any member leverage transaction merchant or any employee of a member leverage transaction merchant. Such rules shall be consistent with the rules set forth in part 180 of this chapter governing contract market arbitration and dispute settlement procedures. | ||||||
| 17:17:1.0.1.1.24.0.7.3 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.4 Definitions. | CFTC | [49 FR 5527, Feb. 13, 1984, as amended at 49 FR 25428, June 21, 1984; 50 FR 26, Jan. 2, 1985; 50 FR 36414, Sept. 6, 1985; 54 FR 41078, Oct. 5, 1989] | For the purposes of this part: (a)-(b) [Reserved] (c) Promotional material includes: (1) Any text of a standard oral presentation, or any communication for publication in any newspaper, magazine or similar medium or for broadcast over television, radio, or other electronic medium which is disseminated or directed to a leverage customer or prospective leverage customer; (2) Any standardized form of report, letter, circular, memorandum, or publication which is disseminated or directed to a leverage customer or prospective leverage customer; or (3) Any other written literature or advice disseminated or directed to a leverage customer or prospective leverage customer for the purpose of soliciting the entry into a leverage contract; (d) Leverage customer means any person who, directly or indirectly, enters into, purchases, sells, or otherwise acquires for value any interest in a leverage contract with, from or to a leverage transaction merchant: Provided, however, That an owner or holder of a proprietary leverage account as defined in paragraph (e) of this section shall not be deemed to be a customer within the meaning of §§ 31.11(a)-(j) and (l), 31.12 and 31.26, and such an owner or holder of such a proprietary leverage account shall otherwise be deemed to be a leverage customer within the meaning of all other sections of these rules. (e) Proprietary leverage account means a leverage account carried on the books and records of an individual, a partnership, corporation or other type association (1) for one of the following persons, or (2) of which ten percent or more is owned by one of the following persons, or an aggregate of ten percent or more of which is owned by more than one of the following persons: (i) Such individual himself, or such partnership, corporation or association itself; (ii) In the case of a partnership, a general partner in such partnership; (iii) In the case of a limited partnership, a limited or special partner in such partnership whose duties include: (A) The management of th… | ||||||
| 17:17:1.0.1.1.24.0.7.4 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.5 Unlawful conduct. | CFTC | [49 FR 5528, Feb. 13, 1984, as amended at 54 FR 41078, Oct. 5, 1989; 59 FR 5703, Feb. 8, 1994] | (a) On and after April 13, 1984, it shall be unlawful for any person: (1) To offer to enter into, enter into or confirm the execution of a leverage contract to or with a leverage customer, or to solicit or accept a leverage customer's order for a leverage contract, or to accept any leverage customer funds from a leverage customer to enter into or maintain a leverage contract, unless the leverage commodity which is the subject of the leverage contract has been registered with the Commission in accordance with § 31.6; (2) Except as provided in paragraph (a)(3) of this section, to offer to enter into, enter into or confirm the execution of a leverage contract to or with a leverage customer, or to solicit or accept a leverage customer's order for a leverage contract, or to accept any leverage customer funds from a leverage customer to enter into or maintain a leverage contract, unless that person is registered with the Commission in accordance with § 3.17 of this chapter and that registration has not expired, been suspended (and the period of suspension has not expired) or been revoked; or (3) Except as provided in paragraph (a)(2) of this section, if such person is a natural person, to offer to enter into, enter into or confirm the execution of a leverage contract to or with a leverage customer, or to solicit or accept a leverage customer's order (other than in a clerical capacity) for a leverage contract, or to supervise any person or persons so engaged, unless that person is registered with the Commission in accordance with § 3.18 of this chapter and that registration has not expired, been suspended (and the period of suspension has not expired) or been revoked. (b) On and after April 13, 1984, it shall be unlawful for any leverage transaction merchant to permit any natural person to become or remain associated with it as a partner, officer or employee (or in any similar status or position involving similar functions) in any capacity which involves the offering to enter into, the entry into, or the confirmatio… | ||||||
| 17:17:1.0.1.1.24.0.7.5 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.6 Registration of leverage commodities. | CFTC | [49 FR 5529, Feb. 13, 1984, as amended at 50 FR 27, Jan. 2, 1985; 50 FR 2283, Jan. 16, 1985; 54 FR 41079, Oct. 5, 1989; 67 FR 62352, Oct. 7, 2002] | (a) Registration of leverage commodities. Each leverage commodity upon which a leverage contract is offered for sale or purchase or is sold or purchased by a particular leverage transaction merchant must be separately registered with the Commission. Registration will be granted only when the following conditions are, and continue to be, met: (1) The person requesting registration of a leverage commodity is a registered leverage transaction merchant; (2) The commodity to be registered is a leverage commodity as defined in § 31.4(g); (3) There exists a widely accepted and broadly disseminated commercial or retail cash price series for the commodity; (4) The commodity can be readily purchased or sold in normal commercial or retail channels by leverage customers making or taking delivery on a leverage contract; (5) The terms and conditions of the leverage contracts based on the leverage commodity are consistent with the Act and the regulations thereunder, and are not contrary to the public interest; and (6) The terms and conditions of the leverage contracts based on the leverage commodity do not include substantial characteristics of other interests, such as options, certificates of deposit, or other regulated instruments. (b) Application for registration. Applications to register leverage commodities should be filed with the Commission at its Washington, DC headquarters. Attn: Secretariat. Three copies of each such submission should be filed. The Commission may return any application which does not comply with the form and content requirements of this section. Each applicant must: (1) Provide evidence that the person applying for registration of the leverage commodity is registered or has applied to the National Futures Association for registration as a leverage transaction merchant; (2) Provide an explanation of the distinguishing characteristics of the leverage commodity for which registration is sought, including a complete description of the cash market for the leverage commodity, and for the spot, … | ||||||
| 17:17:1.0.1.1.24.0.7.6 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.7 Maintenance of minimum financial, cover and segregation requirements by leverage transaction merchants. | CFTC | [49 FR 5530, Feb. 13, 1984, as amended at 50 FR 28, Jan. 2, 1985; 54 FR 41079, Oct. 5, 1989] | (a) Each person registered as a leverage transaction merchant or who files an application for registration as a leverage transaction merchant, who knows or should have known that its adjusted net capital at any time is less than the minimum required by § 31.9, or that its cover at any time is less than the minimum required by § 31.8, or that the amount of leverage customer funds in segregation is less than is required by § 31.12 or by the capital, cover or segregation rules of any designated self-regulatory organization to which such person is subject, if any, must: (1) Give telegraphic notice as set forth in § 1.12(g) of this chapter that such applicant's or registrant's adjusted net capital is less than is required by § 31.9, or its cover is less than is required by § 31.8, or the amount of leverage customer funds in segregation is less than is required by § 31.12 or by such other capital, cover or segregation rule, identifying the applicable capital, cover or segregation rule. This notice must be given within 24 hours after such applicant or registrant knows or should have known that its adjusted net capital or its cover or the amount of leverage customer funds in segregation is less than is required by any of the aforesaid rules to which such applicant or registrant is subject; and (2) Within 24 hours after giving such notice file a statement of financial condition, a statement of the computation of the minimum capital requirements pursuant to § 31.9 (computed in accordance with the applicable capital rule), a schedule of coverage requirements and coverage provided, and a schedule of segregation requirements and funds on deposit in segregation, all as of the date such applicant's or registrant's adjusted net capital or its cover or the amount of leverage customer funds in segregation became less than the minimum required. (b) Each person registered as a leverage transaction merchant, or who files an application for registration as a leverage transaction merchant, who knows or should have known that its adj… | ||||||
| 17:17:1.0.1.1.24.0.7.7 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.8 Cover of leverage contracts. | CFTC | [49 FR 5531, Feb. 13, 1984, as amended at 50 FR 28, Jan. 2, 1985; 54 FR 41079, Oct. 5, 1989] | (a)(1) Each leverage transaction merchant must at all times maintain cover of at least 90 percent of the amount of physical commodities subject to open long leverage contracts entered into with leverage customers, and must at all times also maintain cover of at least 90 percent of the amount of physical commodities subject to open short leverage contracts entered into with leverage customers. At least 25 percent of the amount of physical commodities subject to open long leverage contracts must be covered by the types of permissible cover set forth in paragraphs (a)(2) (i) and (ii) of this section. (2) Permissible cover for a long leverage contract is limited to: (i) Warehouse receipts for the leverage commodity subject to the leverage contract held in commercial banks located in the United States or in approved contract market depositories: Provided, That the balance of the principal and accrued interest on any loan against such warehouse receipts does not exceed 70 percent of the current market value of the commodity represented by each receipt. (ii) Warehouse receipts for gold bullion in the case of leverage contracts on bulk gold coins, bulk gold coins in the case of leverage contracts on gold bullion, silver bullion in the case of leverage contracts on bulk silver coins, bulk silver coins in the case of leverage contracts on silver bullion, one type of bulk gold coins for leverage contracts involving another type of bulk gold coins on an ounce-for-ounce basis if each type of bulk gold coins used as cover is the subject of a leverage contract offered by the leverage transaction merchant pursuant to registration under § 31.6 of this part, and one type of bulk silver coins for leverage contracts involving another type of bulk silver coins on an ounce-for-ounce basis if each type of bulk silver coins used as cover is the subject of a leverage contract offered by the leverage transaction merchant pursuant to registration under § 31.6 of this part, which are held in commercial banks located in the United State… | ||||||
| 17:17:1.0.1.1.24.0.7.8 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.9 Minimum financial requirements. | CFTC | [49 FR 5531, Feb. 13, 1984; 49 FR 25427, June 21, 1984, as amended at 50 FR 36414, Sept. 6, 1985; 54 FR 41079, Oct. 5, 1989] | (a) Each leverage transaction merchant must at all times maintain adjusted net capital equal to or in excess of $2,500,000, plus 20 percent of the market value of the amount of physical commodities subject to leverage contracts entered into by the leverage transaction merchant which are uncovered, plus 2 1/2 percent of the market value of the amount of physical commodities subject to short leverage contracts entered into by the leverage transaction merchant which are covered. (1) For purposes of determining compliance with the provisions of paragraph (a) of this section, each leverage transaction merchant must compute the market value of the physical commodities subject to leverage contracts which it has entered into by using the widely accepted and broadly disseminated commercial or retail cash price series submitted with the leverage transaction merchant's application for registration of the leverage commodity in accordance with § 31.6, and cannot include any mark-ups or discounts of the leverage transaction merchant. (2) The requirements of paragraph (a) of this section shall not be applicable if the applicant or registrant is a member of a designated self-regulatory organization and conforms to minimum financial standards and related reporting requirements set by such designated self-regulatory organization in its bylaws, rules, regulations or resolutions approved by the Commission pursuant to section 19 of the Act and § 31.28 of this part. (3) No person applying for registration as a leverage transaction merchant shall be so registered unless such person affirmatively demonstrates to the satisfaction of the Commission that it complies with the financial requirements of this section. Each leverage transaction merchant must be in compliance with this section at all times and must be able to demonstrate such compliance to the satisfaction of the Commission and/or the designated self-regulatory organization. (4) A leverage transaction merchant who is not in compliance with this section, or is unable to dem… | ||||||
| 17:17:1.0.1.1.24.0.7.9 | 17 | Commodity and Securities Exchanges | I | 31 | PART 31—LEVERAGE TRANSACTIONS | § 31.10 Repurchase and resale of leverage contracts by leverage transaction merchants. | CFTC | [50 FR 36414, Sept. 6, 1985] | (a) No leverage transaction merchant shall offer to sell or sell a long leverage contract involving a leverage commodity to any leverage customer at any time when such leverage transaction merchant is not offering to repurchase from any of its leverage customers any long leverage contract, and is not offering to resell to any of its leverage customers any short leverage contract, involving the same leverage commodity previously sold or purchased by the leverage transaction merchant to or from a leverage customer. (b) No leverage transaction merchant shall offer to purchase or purchase a short leverage contract involving a leverage commodity from any leverage customer at any time when such leverage transaction merchant is not offering to resell to any of its leverage customers any short leverage contract, and is not offering to repurchase from any of its leverage customers any long leverage contract, involving the same leverage commodity previously purchased or sold by the leverage transaction merchant from or to a leverage customer. | ||||||
| 28:28:1.0.1.1.32.1.10.4 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | §§ 31.100-31.103 [Reserved] | DOJ | ||||||
| 28:28:1.0.1.1.32.1.11.5 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | §§ 31.200-31.202 [Reserved] | DOJ | ||||||
| 28:28:1.0.1.1.32.1.11.6 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | § 31.203 Open meetings and public access to records. | DOJ | The State advisory group established pursuant to section 223(a)(3) will follow applicable State open meeting and public access laws and regulations in the conduct of meetings and the maintenance of records relating to their functions. | |||||
| 28:28:1.0.1.1.32.1.12.10 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | § 31.303 Substantive requirements. | DOJ | (a) [Reserved] (b) [Reserved] (c) Deinstitutionalization of status offenders and non-offenders (DSO). Pursuant to section 223(a) (11) of the JJDP Act, the State shall: (1) Describe its plan, procedure, and timetable covering the three-year planning cycle, for assuring that the requirements of this section are met. Refer to paragraph (f)(3) of this section for the rules related to the valid court order exception to this Act requirement. (2) Describe the barriers the State faces in achieving full compliance with the provisions of this requirement. (3) Apply this requirement to alien juveniles under Federal jurisdiction who are held in State or local facilities. (4) Those States which, based upon the most recently submitted monitoring report, have been found to be in full compliance with section 223(a)(11) may, in lieu of addressing paragraphs (c)(1) and (2) of this section, provide an assurance that adequate plans and resources are available to maintain full compliance. (5) [Reserved] (d) Separation. (1) Pursuant to section 223(a)(12) of the JJDP Act the State shall: (i) Describe its plan and procedure, covering the three-year planning cycle, for assuring that the requirements of this section are met. Separation must be accomplished architecturally or through policies and procedures in all secure areas of the facility which include, but are not limited to, such areas as admissions, sleeping, and shower and toilet areas. Brief and inadvertent sight or sound contact between juveniles alleged to be or found to be delinquent or those within the purview of 34 U.S.C. 11133(a)(11)(A) and adult inmates in secure areas of a facility that are not dedicated to use by juveniles and which are nonresidential, which may include dining, recreational, educational, vocational, health care, sally ports or other entry areas, and passageways (hallways), would not require a facility or the State to document or report such contact as a violation. However, any contact in a dedicated juvenile area, including any residential ar… | |||||
| 28:28:1.0.1.1.32.1.12.11 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | § 31.304 Definitions. | DOJ | (a) Criminal-type offender. A juvenile offender who has been charged with or adjudicated for conduct which would, under the law of the jurisdiction in which the offense was committed, be a crime if committed by an adult. (b) Detain or confine means to hold, keep, or restrain a person such that he is not free to leave, or such that a reasonable person would believe that he is not free to leave, except that a juvenile held by law enforcement solely for the purpose of returning him to his parent or guardian or pending his transfer to the custody of a child welfare or social service agency is not detained or confined within the meaning of this definition. (c) Facility. A place, an institution, a building or part thereof, set of buildings or an area whether or not enclosing a building or set of buildings which is used for the lawful custody and treatment of juveniles and may be owned and/or operated by public and private agencies. (d) Juvenile offender. An individual subject to the exercise of juvenile court jurisdiction for purposes of adjudication and treatment based on age and offense limitations by defined as State law, i.e., a criminal-type offender or a status offender. (e) Juvenile who has been adjudicated as having committed an offense. A juvenile with respect to whom the juvenile court has determined that such juvenile is a juvenile offender, i.e., a criminal-type offender or a status offender. (f) Juvenile who is accused of having committed an offense. A juvenile with respect to whom a petition has been filed in the juvenile court or other action has occurred alleging that such juvenile is a juvenile offender, i.e., a criminal-type offender or a status offender, and no final adjudication has been made by the juvenile court. (g) Lawful custody. The exercise of care, supervision and control over a juvenile offender or non-offender pursuant to the provisions of the law or of a judicial order or decree. (h) Local private agency. For the purposes of the pass-through requirement of sec… | |||||
| 28:28:1.0.1.1.32.1.12.7 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | § 31.300 [Reserved] | DOJ | ||||||
| 28:28:1.0.1.1.32.1.12.8 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | § 31.301 Funding. | DOJ | (a) [Reserved] (b) Funds for local use. At least two-thirds of the formula grant allocation to the state (other than the section 222(d) State Advisory Group set aside) must be used for programs by local government, local private agencies, and eligible Indian tribes, unless the State applies for and is granted a waiver by the OJJDP. The proportion of pass-through funds to be made available to eligible Indian tribes shall be based upon that proportion of the state youth population under 18 years of age who reside in geographical areas where the tribes perform law enforcement functions. (1) [Reserved] (2) [Reserved] (3) To carry out this requirement, OJJDP will annually provide each state with the most recent Bureau of Census statistics on the number of persons under age 18 living within the state, and the number of persons under age 18 who reside in geographical areas where Indian tribes perform law enforcement functions. (4) Pass-through funds available to tribal entities under section 223(a)(5)(C) shall be made available within states to Indian tribes, combinations of Indian tribes, or to an organization or organizations designated by such tribe(s). Where the relative number of persons under age 18 within a geographic area where an Indian tribe performs law enforcement functions is too small to warrant an individual subgrant or subgrants, the state may, after consultation with the eligible tribe(s), make pass-through funds available to a combination of eligible tribes within the state, or to an organization or organizations designated by and representing a group of qualifying tribes, or target the funds on the larger tribal jurisdictions within the state. (5) [Reserved] (c) [Reserved] (d) [Reserved] (e) Nonparticipating States. Formula grant funds allocated to a State which has failed to submit an application, plan, or monitoring data establishing its eligibility for the funds will be reallocated to the nonparticipating State program on September 30 of the fiscal year for which the funds were appropr… | |||||
| 28:28:1.0.1.1.32.1.12.9 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | § 31.302 Applicant State agency. | DOJ | (a) [Reserved] (b) Advisory group. Pursuant to section 223(a)(3) of the JJDP Act, the State shall provide a list of all current advisory group members, indicating their respective dates of appointment and how each member meets the membership requirements specified in this section of the Act. (c) [Reserved] | |||||
| 28:28:1.0.1.1.32.1.13.12 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | §§ 31.400-31.401 [Reserved] | DOJ | ||||||
| 28:28:1.0.1.1.32.1.13.13 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | § 31.402 Application on file. | DOJ | Any Federal funds awarded pursuant to an application must be distributed and expended pursuant to and in accordance with the programs contained in the applicant State's current approved application. Any departures therefrom, other than to the extent permitted by current program and fiscal regulations and guidelines, must be submitted for advance approval by the Administrator of OJJDP. | |||||
| 28:28:1.0.1.1.32.1.13.14 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | §§ 31.403-31.404 [Reserved] | DOJ | ||||||
| 28:28:1.0.1.1.32.1.9.1 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | § 31.1 General. | DOJ | (a) This implements subpart I of part B of the Juvenile Justice and Delinquency Prevention Act of 1974, which authorizes a formula grant program. (b) In addition to this subpart, other rules or regulations may be applicable to the formula grant program described in paragraph (a) of this section; see, e.g., 2 CFR part 200 (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards), as adopted by the Department of Justice through 2 CFR part 2800 or other applicable regulation; and 28 CFR part 42 (Nondiscrimination in Federally Assisted Programs—Implementation of title VI of the Civil Rights Act of 1964). (c) Unless expressly provided otherwise, any reference in this subpart to any provision of Federal law not in this subpart shall be understood to constitute a general reference and thus to include any subsequent amendments to the provision. | |||||
| 28:28:1.0.1.1.32.1.9.2 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | § 31.2 Statutory authority. | DOJ | The Statute establishing the Office of Juvenile Justice and Delinquency Prevention and giving authority to make grants for juvenile justice and delinquency prevention improvement programs is the Juvenile Justice and Delinquency Prevention Act of 1974, as amended (34 U.S.C. 11101 et seq. ) | |||||
| 28:28:1.0.1.1.32.1.9.3 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | A | Subpart A—Formula Grants | § 31.3 [Reserved] | DOJ | ||||||
| 28:28:1.0.1.1.32.2.14.1 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | B | Subpart B—Juvenile Accountability Incentive Block Grants | § 31.500 Program purposes. | DOJ | Funds are available under the Juvenile Accountability Incentive Block Grants (JAIBG) in FY 1998, FY 1999, and each subsequent fiscal year as funds are made available, for State and local grants to support the following program purposes: (a) Program purpose no. 1: Building, expanding, renovating, or operating temporary or permanent juvenile correction or detention facilities, including the training of correctional personnel; (b) Program purpose no. 2: Developing and administering accountability-based sanctions for juvenile offenders; (c) Program purpose no. 3: Hiring additional juvenile judges, probation officers, and court-appointed defenders, and funding pre-trial services for juveniles, to ensure the smooth and expeditious administration of the juvenile justice system; (d) Program purpose no. 4: Hiring additional prosecutors, so that more cases involving violent juvenile offenders can be prosecuted and backlogs reduced; (e) Program purpose no. 5: Providing funding to enable prosecutors to address drug, gang, and youth violence more effectively; (f) Program purpose no. 6: Providing funding for technology, equipment, and training to assist prosecutors in identifying and expediting the prosecution of violent juvenile offenders; (g) Program purpose no. 7: Providing funding to enable juvenile courts and juvenile probation offices to be more effective and efficient in holding juvenile offenders accountable and reducing recidivism; (h) Program purpose no. 8: The establishment of court-based juvenile justice programs that target young firearms offenders through the establishment of juvenile gun courts for the adjudication and prosecution of juvenile firearms offenders; (i) Program purpose no. 9: The establishment of drug court programs for juveniles so as to provide continuing judicial supervision over juvenile offenders with substance abuse problems and to provide the integrated administration of other sanctions and services; (j) Program purpose no. 10: Establishing and maintaining intera… | |||||
| 28:28:1.0.1.1.32.2.14.2 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | B | Subpart B—Juvenile Accountability Incentive Block Grants | § 31.501 Eligible applicants. | DOJ | (a) Eligible applicants. Eligible applicants in FY 1998, FY 1999, and each subsequent fiscal year as funds are made available, are States whose Governor (or other Chief Executive Officer for the eligible jurisdictions that are not one of the 50 States but defined as such for purposes of this program) certifies, consistent with guidelines established by the Attorney General in consultation with Congress and incorporated into OJJDP's Program Guidance Manual, that the State is actively considering (or already has in place), or will consider within one year from the date of such certification, legislation, policies, or practices which, if enacted, would qualify the State for a grant. Specific information regarding qualifications can be found in the JAIBG Program Guidance Manual. (b) Qualifications. Each State Chief Executive Officer must designate a state agency to apply for, receive, and administer JAIBG funds. | |||||
| 28:28:1.0.1.1.32.2.14.3 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | B | Subpart B—Juvenile Accountability Incentive Block Grants | § 31.502 Assurances and plan information. | DOJ | [64 FR 19676, Apr. 21, 1999, as amended by Order No. 2703-2004, 69 FR 2838, Jan. 21, 2004] | (a) In its application for a Juvenile Accountability Incentive Block Grant (JAIBG), each State must provide assurances to the Office of Juvenile Justice and Delinquency Prevention (OJJDP), absent a waiver as provided in the JAIBG Program Guidance Manual, that: (1) The State will subgrant at least 75% of the State's allocation of funds to eligible units of local government to implement authorized programs at the local level; and (2) The State, and each unit of local government applying for a subgrant from the State, will expend not less than 45% of any grant provided to such State or unit of local government, other than funds set aside for administration, for program purposes 3-9 in § 31.500 (c) through (i) of this subpart, and will not spend less than 35% for program purposes 1, 2, and 10 in § 31.500 (a), (b), and (j) of this subpart, unless the State certifies to OJJDP, or the unit of local government certifies to the State, that the interests of public safety and juvenile crime control would be better served by expending the grant award for purposes set forth in the twelve program areas in a different ratio. Such certification shall provide information concerning the availability of existing structures or initiatives within the intended areas of expenditure (or the availability of alternative funding sources for those areas), and the reasons for the State or unit of local government's alternative use. (3) The funds provided under this part shall be administered in compliance with the standards set forth in part 38 (Equal Treatment for Faith-based Organizations) of this chapter. (b) Following award of JAIBG funds to a State by OJJDP, but prior to obligation of program funds by the State or of subgrant funds by a unit of local government for any authorized program purpose, a State administering JAIBG funds must provide to OJJDP information that demonstrates that the State, or a unit of local government that receives JAIBG funds, has established a coordinated enforcement plan for reducing juvenile crime, devel… | ||||
| 28:28:1.0.1.1.32.2.14.4 | 28 | Judicial Administration | I | 31 | PART 31—OJJDP GRANT PROGRAMS | B | Subpart B—Juvenile Accountability Incentive Block Grants | § 31.503 Notice of proposed use of funds. | DOJ | The mechanism for a State to report on the proposed use of funds by the State or by a subgrantee unit of local government is by electronic submission of a “Follow Up Information Form” to be provided to each participating State. The purpose of this report is for the State to provide assurances to OJJDP that funds expended by the State and its subgrantee units of local government will be used for authorized program purpose areas. Although no actual program descriptions will be required, information about the distribution of funds among the authorized program purpose areas must be provided. Upon receipt and review of the “Follow Up Information Form” by OJJDP, States may obligate program funds retained for expenditure at the State level. Similarly, the State shall require that each recipient unit of local government submit its proposed use of non-administrative funds to the State prior to drawdown of subgrant funds to implement local programs and projects. Upon receipt and review of the local unit of government's proposed fund use, the State shall authorize the local unit of government to obligate local subgrant funds. The State shall electronically submit a copy of the local subgrant information to OJJDP, as provided in the award package, within 30 days of the date that the local unit of government is authorized to obligate program funds under its subgrant award. | |||||
| 29:29:1.1.1.1.30.0.66.1 | 29 | Labor | 31 | PART 31—NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF LABOR—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 | § 31.1 Purpose. | DOL | The purpose of this part is to effectuate the provisions of title VI of the Civil Rights Act of 1964 to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving Federal financial assistance from the Department of Labor. | ||||||||
| 29:29:1.1.1.1.30.0.66.10 | 29 | Labor | 31 | PART 31—NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF LABOR—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 | § 31.10 Decisions and notices. | DOL | [29 FR 16284, Dec. 4, 1964. Redesignated and amended at 38 FR 17958, July 5, 1973; 68 FR 51367, Aug. 26, 2003] | (a) Decision by a hearing examiner. If the hearing is held by a hearing examiner such hearing examiner shall either make an initial decision, if so authorized, or certify the entire record including his recommended findings and proposed decision to the Secretary for a final decision, and a copy of such initial decision or certification shall be mailed to the applicant or recipient and the complainant. Where the initial decision is made by the hearing examiner the applicant or recipient may within 30 days of the mailing of such notice of initial decision file with the Secretary his exceptions to the initial decision, with his reasons therefor. In the absence of exceptions, the Secretary may on his own motion within 45 days after the initial decision serve on the applicant or recipient a notice that he will review the decision. Upon the filing of such exceptions or of such notice of review the Secretary shall review the initial decision and issue his own decision thereon including the reasons therefor. The decision of the Secretary shall be mailed promptly to the applicant or recipient and the complainant, if any. In the absence of either exceptions or a notice of review the initial decision shall constitute the final decision of the Secretary. (b) Decisions on record or review by the Secretary. Whenever a record is certified to the Secretary for decision or he reviews the decision of a hearing examiner pursuant to paragraph (a), or whenever the Secretary conducts the hearing, the applicant or recipient shall be given reasonable opportunity to file with him briefs or other written statements of its contentions, and a copy of the final decision of the Secretary shall be given in writing to the applicant or recipient and the complainant, if any. (c) Decisions on record where a hearing is waived. Whenever a hearing is waived pursuant to § 31.9(a) a decision shall be made by the Secretary on the record and a copy of such decision shall be given in writing to the applicant or recipient and to the complainant, if… | |||||||
| 29:29:1.1.1.1.30.0.66.11 | 29 | Labor | 31 | PART 31—NONDISCRIMINATION IN FEDERALLY ASSISTED PROGRAMS OF THE DEPARTMENT OF LABOR—EFFECTUATION OF TITLE VI OF THE CIVIL RIGHTS ACT OF 1964 | § 31.11 Judicial review. | DOL | [29 FR 16284, Dec. 4, 1964. Redesignated at 38 FR 17958, July 5, 1973] | Action taken pursuant to section 602 of the Act is subject to judicial review as provided in section 603 of the Act. |
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